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Conditions of Use

Welcome to Numinix Technology. Numinix Technology and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Numinix Technology, you accept these conditions. Please read them carefully. In addition, when you use any current or future Numinix Technology service or visit or purchase from any business affiliated with Numinix Technology , whether or not included in the Numinix Technology web site, you also will be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control.

PRIVACY

Please review our Privacy Notice, which also governs your visit to Numinix Technology, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit Numinix Technology or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Numinix Technology or its content suppliers and protected by Canada and international copyright laws. The compilation of all content on this site is the exclusive property of Numinix Technology and protected by Canada and international copyright laws. All software used on this site is the property of Numinix Technology or its software suppliers and protected by Canada and international copyright laws.

TRADEMARKS

NUMINIX TECHNOLOGY, NUMINIX.COM, DIVINE POWER, DIVINE TECHNOLOGY and other Numinix Technology graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Numinix Technology or its affiliates in Canada and/or other countries. Numinix Technology's trademarks and trade dress may not be used in connection with any product or service that is not Numinix Technology's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Numinix Technology. All other trademarks not owned by Numinix Technology or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Numinix Technology or its affiliates.

RETURN POLICY

Returns are only accepted within 30 days for licensed products.  These are products that included a license key that can be deactivated when a cancellation is requested.  Products that do not have a license key cannot be cancelled and therefore no refund can be given.

The store-credit or refund amount will include the price of the cancelled product only.  Shipping and handling fees are non-refundable and are the responsibility of the customer.  Products shipped out from Numinix Technology as part of an exchange are not subject to any additional fees by the customer.

LICENSE OF USE

Numinix Technology grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Numinix Technology. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Numinix Technology. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Numinix Technology and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Numinix Technology's name or trademarks without the express written consent of Numinix Technology. Any unauthorized use terminates the permission or license granted by Numinix Technology. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Numinix Technology so long as the link does not portray Numinix Technology, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Numinix Technology logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use Numinix Technology only with involvement of a parent or guardian. Numinix Technology and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Numinix Technology reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Numinix Technology and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Numinix Technology and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Numinix Technology or its affiliates for all claims resulting from content you supply. Numinix Technology has the right but not the obligation to monitor and edit or remove any activity or content. Numinix Technology takes no responsibility and assumes no liability for any content posted by you or any third party.

PRODUCT DESCRIPTIONS

Numinix Technology and its affiliates attempt to be as accurate as possible. However, Numinix Technology does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Numinix Technology itself is not as described, please return the item in brand new condition for a merchandise credit.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY NUMINIX TECHNOLOGY OR ITS AFFILIATES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NUMINIX TECHNOLOGY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NUMINIX TECHNOLOGY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NUMINIX TECHNOLOGY AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM NUMINIX TECHNOLOGY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NUMINIX TECHNOLOGY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting Numinix Technology, you agree that the laws of the province of British Columbia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Numinix Technology or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to Numinix Technology or to products you purchase through Numinix Technology shall be submitted to confidential arbitration in Vancouver, British Columbia, except that, to the extent you have in any manner violated or threatened to violate Numinix Technology's intellectual property rights, Numinix Technology may seek injunctive or other appropriate relief in any province or federal court in the province of British Columbia, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

LICENSE AND SITE ACCESS
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